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Dec 8, 2012 9:00am EST
economy. so what you did is, number one, you had a supreme court ruling that it was in the best interests of the country to take away the liberty of individuals. and the congress had actually gone outside of the enumerated powers -- which lists very specifically what the congress can do -- and yet the supreme court held up the abandonment of the enumerated powers. and also the trumping of the tenth amendment. >> host: why -- when it comes to the commerce clause, you used that with supreme court justice elena kagan, and you reprint that testimony, your back and forth with elena kagan in "the debt bomb." what was the question you asked can her about fruits and vegetables? >> well, the question i asked is could the government tell you, mandate to you how many fruits and vegetables you would eat a day? and it really arises is what's the role for the government in terms of our lives? can, in fact, the commerce clause be viewed so widely as what was done in filburn v. united states, can it be interpreted so widely that we could eventually get to the point where we could mandate? well,
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